Planning & building regulations: an introduction

Before embarking on a building project it's a good idea to contact the planning department at your local Council. Most Councils will provide, free of charge, planning and regulation booklets. Local authorities differ in their interpretations of planning rules so it's wise to check that your project can go ahead as planned.

If you go ahead with your development without the required permission, your local planning authority can ask you to make a retrospective planning application. If it decides that permission should not be granted it may require you to put things back as they were - a costly, time consuming and frustrating exercise. You can appeal but if the verdict comes out against you and you still refuse to comply you may be prosecuted.

If you believe you do not need planning permission for your project but it involves any kind of structural alteration you may still need building regulation approval.

The planning system is in place to protect landuse and the environment in the public interest. It is not designed to protect the interests of one person over another. Councils should try to ensure that development is allowed where it is needed, but without adversely affecting the character and amenity of the area. Building regulations ensure that construction work meets at least the minimum standards of design and stability. They are completely separate from planning permission and will almost always be required when any structural alteration takes place, inside or outside the house.

It is always best to tell your neighbours what you intend to do even if you do not need planning permission, as any work may well cause noise and disruption to them. They have a right to ask the planning authorities to check your plans and the Council will then ask them for their views, so it makes sense to be friendly from the outset! Also bear in mind that not consulting neighbours could lead to legal problems, for example if your development affects your neighbour's right to light.

If you are in a leasehold property you should discuss your plans with the freeholder i.e. the Landlord or Management Company.

The following are examples of when you will need to apply for planning permission. This is not an exhaustive list so please do check with your planning authority:

• You want to make additions or extensions to a flat or maisonette (including those converted from houses). You do not need planning permission to carry out work which does not affect the external appearance of the building.
• You want to divide off part of your house for use as a separate home, or use a caravan in your garden as a home for someone else.
• You want to use part or all of your home for business or commercial use.
• You want to build something which contravenes the original planning permission for the construction of your house. For example, your house may have a restriction on garden walls more than 3 feet high to ensure a safe view of the road for drivers.